Levelling-up and Regeneration Bill

Lord Holmes of Richmond Excerpts

Committee stage
Tuesday 18th April 2023 Lords Chamber

Moved by

[Lord Holmes of Richmond]

217: Schedule 7, page 294, line 22, at end insert—
“(4A) A local plan must conform with the principle of inclusive design, and where a local planning authority receives any observations or advice from a person appointed by the Secretary of State under subsection (3) to the effect that a proposed local plan does not conform with that principle, the local planning authority must modify the plan to ensure conformity in accordance with the observations or advice.”

[Lord Holmes of Richmond (Con)]

My Lords, it is pleasure to open this group of amendments. I intend to speak to Amendments 217 and 302 in my name, but I also give more than a supportive nod to the double nelson in the name of my noble friend Lord Lansley. My two amendments are pretty similar in terms but address two specific areas. They simply require that, whether we are talking about local plans or planning more broadly, they should be predicated on the principle of “inclusive by design”.

Let me share a small example to make this point. A number of years ago, so-called shared space became popular among local authorities. I say “so-called” shared space, because in reality it was nothing of the sort—some might say it was a planning folly. In effect, it was where previously inclusive and accessible public realm was converted into “shared space”. Let us take a carriageway, for example. Shared space came in and removed kerbstones, road markings, pavements, crossings and lights, and then pedestrians, tankers, toddlers and buses were all supposed to share that space, with everybody paying more respect to one another. As I say, some may say that it was a planning folly. There are still examples across the country, some not that far from your Lordships’ House.

Had we had the principle of “inclusive by design” underpinning public realm, underpinning planning and underpinning—as in this Bill—local plans, we would not have had such designs which exclude so many people from the local community who were previously able to access those areas independently. Had we had “inclusive by design” as a planning principle, with everything predicated on it, we would not have had such “shared spaces” and we would not have inaccessible, non-inclusive areas across our public realms, across our cities and across our communities.

I wrote a report in 2015 on “shared space” and it saw that over two-thirds of people found it difficult if not impossible to navigate. “Inclusive by design” is a key planning principle. It is not just for disabled people or just about access; it is about the very heart, soul and fabric of our local areas—inclusive by design so that they can be accessed, enjoyed and passed through by all members of our community. That is what my Amendments 217 and 302 are all about. I beg to move.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

I will. I will look back at Hansard and ensure that we get exactly what the noble Lord wants. To tell the truth I thought he had already got it, but I believe what he says and will see that he gets it.

The Levelling-up and Regeneration Bill would require all local planning authorities to prepare authority-wide design codes as part of their development plan, either as part of their local plan or as a supplementary plan, as I have said before. The Bill already includes the obligation, found in the new Sections 15C and 15CC of the Planning and Compulsory Purchase Act 2004, as inserted by Schedule 7, that local plans and supplementary plans must be designed to secure that the development and use of land in the authority’s areas contributes to the mitigation of, and adaption to, climate change.

In addition, the National Planning Policy Framework sets the policy expectation that plans take a proactive approach to adapting to and mitigating climate change. It makes it clear that local plans and decisions should contribute to and enhance the natural and local environment. The national model design code provides guidance on how local design codes can be prepared to ensure well-designed places which respond to the impacts of climate change, through ensuring that places and buildings are energy efficient, minimise carbon emissions and contribute to the implementing of the Government’s biodiversity net gain policy.

I understand and agree with the importance of this subject matter. We are clear, though, for the reasons I have set out, that this is already being addressed through the Bill, national policy and design guidance. I hope that the noble Lord, Lord Lansley, will understand that this is not an amendment that we feel is necessary.

I hope I have said enough to enable my noble friend Lord Holmes of Richmond to withdraw his Amendment 217, and for other amendments in this group not to be moved when they are reached.

[Lord Holmes of Richmond (Con)]

My Lords, I thank all noble Lords who participated in this group of amendments. I particularly thank my noble friend the Minister for her full response. Green spaces, inclusive places: we can achieve this and deliver it through statutory design if we so choose. I think we will certainly return to some of these issues, and more, when we get to Report in the autumn, but for now I beg leave to withdraw the amendment.

Amendment 217 withdrawn.